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U.S. v. PUENTES

No. 14-13587.

803 F.3d 597 (2015)

UNITED STATES of America, Plaintiff-Appellant, v. Angel PUENTES, a.k.a. D'Angelo Salvatore, a.k.a. Salvatore D'Angelo, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 5, 2015.

Attorney(s) appearing for the Case

Madeleine R. Shirley , Lois A. Foster-Steers , Marlene Rodriguez , A. Cristina Perez Soto , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellant.

Paul D. Petruzzi , Law Offices of Paul Petruzzi, PA, Miami, FL, for Defendant-Appellee.

Before MARCUS, WILLIAM PRYOR, and JILL PRYOR, Circuit Judges.

This case raises a question of first impression: whether the district court exceeded its authority under Federal Rule of Criminal Procedure 35(b) and the Mandatory Victims Restitution Act (MVRA) of 1996, 18 U.S.C. §§ 3663A-3664, by eliminating, sua sponte, Angel Puentes's obligation to jointly and severally...

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